Assistant Commissioner of Income Tax, Katni V. Shri C.R Mittal & Sons (HUF), Katni

MA 8/JAB/2020

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 0614 (ITAT-JABALPUR)
• Duration Of Justice: 1 year(s) 1 month(s) 3 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 16-02-2021
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2005-2006
• Appeal Filed On: 13-01-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: NEERJA PRADHAN
• Keywords: Tax effect
• Section: 268A; 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, JABALPUR BENCH , JABALPUR BEFORE SHRI NRS GANESAN, JUDICIAL MEMBER & SHRI SAN JAY ARORA, ACCOUNTANT MEMBER MA NO.08/JAB/2020 (IN IT(SS)A NO.100/JAB/2014) ASSESSMENT YEAR: 2005-06 ASST. COMMISSIONER OF INCOME TAX, CIRCLE KATNI VS. C. R. MITTAL & SONS (HUF), 8-HIG, HOUSING BOARD COLONY, KATNI [PAN: AAAHC 9481K] (APPLICANT) (RESPONDENT) APPELLANT BY SMT. NEERJA PRADHAN, CIT-DR RESPONDENT BY SHRI DHIRAJ GHAI, CA DATE OF HEARING 16/02/2021 DATE OF PRONOUNCEMENT 16/02/2021 ORDER PER SANJAY ARORA, AM: THIS IS A MISCELLANEOUS APPLICATION UNDER SECTION 2 54(2) OF THE INCOME TAX ACT, 1961 (THE ACT HEREINAFTER) BY THE REVENU E IN RESPECT OF AN ORDER U/S. 254(1) OF THE ACT DATED 23.08.2019 BY THE TRIBUNAL IN RESPECT OF THE ASSESSEES CAPTIONED APPEAL FOR ASSESSMENT YEAR (AY) 2005-06. 2. THE REVENUE CONTENDS THAT THE TAX EFFECT OF ITS APPEAL IS AT RS.59.23 LACS, AND HAS THEREFORE BEEN WRONGLY DISMISSED BY THE TRI BUNAL INVOKING SECTION 268A OF THE ACT READ WITH CBDT CIRCULAR NO.17/2019 DATED 08.08.2019. THE SAME WAS CLEARLY ADMITTED TO BY THE LD. COUNSEL FOR THE ASSESSEE, SH. DHIRAJ GHAI. MA NO.08/JAB/2020 (AY 2005-06) AS ST. CIT V. C. R. MITTAL & SONS (HUF) 2 3. WE HAVE HEARD THE PARTIES, AND PERUSED THE MATER IAL ON RECORD. THE TOTAL DEMAND RAISED PURSUANT TO THE ASSESSMENT, AS STATED IN THE FIRST APPELLATE ORDER PARTLY ALLOWING THE ASSESSEES APPEAL, IS AT RS.109 .02 LACS. IN VIEW OF THE ADMITTED POSITION OF THE TAX-EFFECT EXCEEDING RS.50 LACS, TOWARD WHICH WE HAVE ALSO EXAMINED THE GROUNDS OF APPEAL BEFORE THE TRIB UNAL, WE HAVE NO HESITATION IN, EXERCISING POWER U/S. 254(2), RECALL THE IMPUGN ED ORDER FOR A DECISION ON MERITS AFTER HEARING THE PARTIES. THE APPEAL SHALL BE POSTED FOR HEARING BEFORE THE REGULAR BENCH ON 22.03.2021, FOR WHICH NO SEPARATE NOTICE SHALL BE SENT TO THE PARTIES INASMUCH AS THE SAID DATE WAS ANNOUNCED IN THE OPEN COURT AT THE CONCLUSION OF THE HEARING. WE DECIDE ACCORDINGLY. 4. IN THE RESULT, THE REVENUES MISCELLANEOUS APPLI CATION IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON FEBRUARY 16, 2021 SD/- SD/- (N.R.S.GANESAN) (SANJAY ARORA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 16/02/2021 // TRUE COPY //